The issue of “orphan works” is a serious one for photographers. “Orphan works” is the name assigned to published copyright protected works, including photographs, to which the owner cannot be found or is not known. Currently, if anyone uses an “orphan work” it by it very nature has to be without permission. If discovered by the copyright owner, the unauthorized user can be sued for infringement. There is an amendment to the U.S. Copyright Law in the works in the Senate that would make it difficult to impossible to sue such an unauthorized user of an “orphan work” for infringement. Photographers need to weigh in on the matter.

For decades, many photographers have published images that are not attributed to them so it would be impossible to know who the copyright owner is unless the publisher kept some record and made it available on request. My forty years of experience in the publication photography business convinces me that most publishers do not have that information readily available, are not willing to make an effort to share it, and. if they share it, it might not be likely to lead to the photographer unless the photographer was at the same location, phone number, etc.  Things being what they are, “orphan works” present the possibility of abuse of photographers’ rights. The danger is real and worthy of notice and action. I am happy that my friend and colleague, Vic Perlman, has guided ASMP into this issue to advocate for photographers’ copyright interests. Thanks to Vic and to ASMP.

Please visit this link to ASMP (Urgent Call for Your Action on Orphan Works) to learn what you can do to help improve the situation.

Editors None: PDNonline also has an excellent article (Photo Groups Lobby To Protect Copyright "Orphans") covering this important topic.





(c) 2006 Richard Weisgrau [contact] [bio]